ORDEf~ fVU. :~~6~._:, AF'F'kOVAL OF GOItiIFiTRUCTI01rl EAGEh1EhITS INVOI_.VEL) WITH THE I_AruE VALLC--=Y PRI)7GE F'ROJI-CT On this the Lath day of Gc~tr,ber^ 1991, +_tpon motion made by Commissioner Holel{amp, seconded by Commissioner i:]ehler, the Co+_irt unanimously approved by a vote of 4-0-0, to approve the constr+_iction easements of Robert Jorrie, R+_iben Ehlers, Jean Ehlers K+_in~, and M. W. Delmer, h1. D. COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND F i VE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Glenn K. Halekamp MEETING DATE: October 28, 1991 OFFICE: Commissioners' Court TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Approve construction easement properties involved with the Lane Valley Bridge Project. EXECUTIVE SESSION REQUESTED: YES _ NO x PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: --- PERSONNEL MATTER - NAME OF EMPLOYEE: - NAME OF PERSON ADDRESSING THE COURT: Commissioner P^t. ~~3 Time for submitting this request for Court to assure that the matter 1s posted in accordance with Article 6252-17 1s as follows: * Meetings held on second Monday: 12:00 P.M. previous Wednesday * Meetings held on Thursdays: 5:00 P.M. previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON is All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. ROBERT cJ ORRIE A"1'lY>f2I~EY AT 1.AW 9901 I-10 West SLnTe 647 'Ihe Cobnnade FAX 512 694-4456 Say AS'(Y)\IU. TFws 78230-2252 NearI-10 & Wtuzbach 512 694-7900 Tuesday, October 22, 1991 Stan Reid Asst County Attorney 325-B Earl Garrett Kerrville, Texas 78080 Dear Stan: Enclosed the executed Easement. Please have your secretary ask Judge Stacy to execute it also and return an executed copy to me by next mail. Thank ou very much for your yeoman's work. We are rateful and we ho e to return the favor one da g_ P Y bert Jorrie 681 TEMPORARY EASEMENT THE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF KERB } That ROBERT JORRIE, ("Grantor"), of Bexar County, Texas, for and in consideration of the agreement attached hereto and incorporated herein by reference as Exhibit B, ("Agreement"), do by these presents GRANT, BARGAIN, SELL, AND CONVEY unto KERR COUNTY, TEXAS, ("Grantee"), a temporary easement for the establishment of a detour for use by the public during the construction of the Lane Valley bridge for such a term and under such conditions as set forth in tha Agz•eemer.~, in, along, upon, and across the fello~:ring described property in Kerr County, Texas, and being more particularly described as follows: All of that certain 30-foot-wide strip of land containing 1.79 acres, more or less, out of Survey 57, Abstract 304, in Kerr County, Texas, comprising approximately 0.75 acre out of a certain 160-acre tract conveyed from Bob Siddons, et al., to Robert Jorrie by deed executed April 9, 1971, and recorded in Volume 148, page 730, Deed Records, Kerr County, Texas, and approximately 1.04 acres out of a certain 176.6-acre tract conveyed from A. L. Moore, et ux, to Robert Jorrie by deed executed April 1, 1970, and recorded in Volume 143, Page 620, Deed Records, Kerr County, Texas, and being more particularly described by metes and bounds in Exhibit A attached hereto and incorporated herein by reference. This easement shall expire in accordance with the terms set forth in the Agreement. TO HAVE AND TO HOLD unto Grantee as aforesaid, for the purposes set forth above, the premises herein described. IN WITNESS WHEREQ~, Grantor has caused this instrument to be executed on this N~~.ay of October, 1991. GRANTEE: KERR COUNTY, TEXAS B ~~ Y WILLIAM G. STA Y Kerr County Judge Kerr County Courthouse 700 East Main Street Kerrville, Texas 78028 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the .,1~~•/ day of October, 1991, by ROBERT JORRIE. ,~,G~E. r1dIE~F~,~~ ,~ J .~ Z~ o~PRY PVg~~ Off; ~, ~ ' ~ / ~ ~.--.~~- _ 'sNo~Y Public State Texas ~9 i~ THE STATE OF TEXAS ;,~ XPRE~ •`~~ COUNTY OF KERB ,~~~'~~.3~S~g?.••`~~,,, This instrument was acknowledged before me on the c~~ay of October, 1991, by WILLIAM G. STACY as County Judge of KERR COUNTY, TEXAS. Notary Public, State o Texas RF.1L l:ti~ATE:ILANEVALL.EAS rid =`~r THEA SOVIL -!~ ~ Notary Public, State oCTexag • 1 A1y Comitilc+ston Expires ~''~~o'Y``~ JANUARY 9. 1995 F~IL~ED FOR RECOR O CT 2 31991 • PATRICIA DYE d ounbr o Kan unal~ TaXas ~~ 2 EXHIBIT A FIELD NOTES DESCRIPTION FOR A THIRTY FT. WIDE ROAD EASEMENT UPON, OVER AND ACROSS Tf1E i:OBERT JORRIE LAND ALONG THE GllADALUPE KIVER IN KERB CO~JNTY, TEXAS Being all of a certain thirty (30) ft. wide strip of land containing 1.79 acres, more or less, out of Survey No. 57, Abstract No. 304, in Kerr County, Texas; comprising approximately 0.75 acre out of a certain 160 acre tract conveyed from Bob Siddons, et al, to Robert Jorrie by a Warranty Deed with Vendor's Lien executed the 9th day of April, 1971 and recorded in Volume 148 at Page 730 of the Deed Records of Kerr County, Texas and approximately 1.04 acres out of a certain 176.6 acre tract conveyed from A. L. Moore, et ux, to P.obert Jorrie by a Warranty Deed with Vendor's Lien executed the 1st day of April, 1970 and recorded in Volume 143 at Page 620 of the Deed Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGIN"~IC7G at a 4" iron stake in a fence, the west line of said 176.6 acre tract and Survey No. 57 for the northwest corner of the herein described tract; which point bears, approximately, 150 ft. South from the northwest corner of said 176.6 acre tract on the south bank of the Guadalupe River; THENCE, upon, over and across said 176.6 acre tract: 5.69°52'E., 0.48 f't. to a h" iron stake at a road angle; N.72'48'E., 705.87 ft. to a h" iron stake at a road angle; and N.29°49'E., 811.65 ft. to a point in the common line between said 176.6 acre and 160 acre tracts; THENCE, upon, over and across said 160 acre tract: N.29°49'E., 19.74 ft. to a -t" iron stake at a road angle; N.75'12'E., 438.81 ft. to a ti" iron stake at the beginning of a 06'21' curve to the right; 243.68 ft. along the arc of said curve to the right subtended by a 15°29' central angle and 901.76 ft. radius (long chord: N.82°56'E., 2.42.94 ft.) to a ~" iron stake at its end, the beginning of a 73°18' curve to the left; 138.19 ft. along the arc of said curve to the left subtended by a 101°17' central angle and 78.18 ft. radius (long chord: N.40'02'E., 120.89 ft.) to n k" iron stake at its end, the beginning of a 14'16' curve to the right; and 219.04 ft. along the arc of said curve to the right subtended by a 31'14' central angle and 401.76 ft. radius (long chord: N.OS'O1'E., 216.34 ft.) to a b" iron stake at its end on the south bank of the Guadalupe River and north line of said 160 acre tract for the most northerly corner of the herein described tract; THE.*ICE, with the said north line of 160 acre tract along the south bank of the Guadalupe River, 5.69'22'£., 30.00 ft. to a ti" iron stake for the most easterly corner of the herein described tract; THENCE, upon, over and across said 160 acre tract: 202.68 ft. along the arc of a 15'25' curve to the left subtended by a 31'14' central angle and 371.76 ft. radius (long chord: S.OS'O1'W., 200,18 ft.) to a ~S" iron stake at its end, the beginning of a 52'58' curve to the right; 191.22 ft. along the arc of said curve to the right subtended by a 101'17' central angle and 108.18 ft. radius (long chord: 5.40°02'W., 167.28 ft.) to a ti" iron stake at its end, the beginning of a 06'34' curve to the left; 235.57 ft, along the arc of said curve to the left subtended by a 15°29' central angle and 871.76 ft. radius (long chord: 5.82°56'W., 234.86 ft.) to a k" iron stake at its end; 5.75°12'W., 426.27 ft. to a ~:" iron stake at a road angle; and 5.29°49'W., 59.52 ft. to a point in the said common line betweeen 176.6 acre and 160 acre tracts; THENCE, upon, over and across said 176.6 acre tract: 5.29°49'W., 771.15 ft, to a k" iron stake at a road angle; and 5.72'48'W., 727.34 ft. to a b" iron stake in a fence, the said west line of 176.6 acre tract for the southwest corner of the herein described tract; THENCE, along said fence with the west line of 176.6 acre tract, N.00'10'W., 31.68 ft. to the PLACE OF BEGINNING. I hereby certify that these field notes are an accurate descriptior. of the property contained therein as determined by a survey made on the grou;:d under my direction and supervision, e:;cept no survey was made to reestablish Patent S_~rvey lines or corners; and that all property ~~~~ ~E ~UF T c~ corners are as stated. ,. ~ ~ ~P •;>`' rrq -1-~ ~ .'P ~ fG Gated this 10th da of October, 1991 y ~~~~~~~~~~~~ ~ ~~ ~~~~~~ ,1 L[E C. VOe t_KEL i_ee C. Voeikel ~ -~ - l F:gistere3 Professional Land Surveyor No. 3909 (..~..~::;.c _.rvc~:or for Ken- County FIELD NOTES DESCRIPTION FOR A THIRTY FT. WIDE ROAD EASEMENT t?pON, OVER AND ACROSS THE ROBERT JORRIE LAND ALONG Tt1E GUADALUPE RIVER IN KERB COUNTY, T13XAS Being all of a certain thirty (30) ft. wide strip of land containing 1.79 acres, more or less, out of Survey No. 57, Abstract No. 304, in Kerr County, Texas.; comprising approximately 0.75 acre out of a certain 160 acre tract conveyed from $ob Siddons, et al, to Robert Jorrie by a Warranty Deed with Vendor's Lien executed the 9th day of April, 1971 ar.ci recorded in Volume 148 at Page 730 of the Deed Records of Kerr County, Texas and approximately 1.04 acres out of a certain 176.6 acre tract conveyed from A. L. Moore, et tix, to Robert Jorrie by a Warranty Deed with Vendor's Lien executed the 1st day of April, 1970 and recorded in Volwne 143 at Page 620 of the Deed Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: 5EGINNING at a ~" iron stake in a fence, the west line of said 176.6 acre tract and Survey No. 57 for the northwest corner of the herein described tract; which point bears, approximately, 150 ft. South from the northwest corner of said 176.6 acre tract on the south bank of the Guadalupe River; THENCE, upon, over and across said 176.6 acre tract: 5.69°52'E., 0.48 ft. to a ~" iron stake at a road angle; N.72°48'E., 705.87 ft. to a ~" iron stake at a road angle; and N.29°49'E., 811.65 ft. to a point in the common line between said 176.6 acre and 160 acre tracts; THENCE, upon, over and across said 160 acre tract: N,29°49'E., 19.74 ft. to a ~" iron stake at a road angle; N.75°12'E., 438.81 ft. to a ~" iron stake at the beginning of a 06°21' curve to the right; 243.68 ft. along the arc of said curve to the right subtended by a 15°29' central angle and 901.76 ft. radius (long chord: N.82°56'E., 242.94 ft.) to a ~:" iron stake at its end, the beginning of a 73°18' curve to the left; 138.19 ft. along the arc of said curve to the left subtended by a 101°17' central angle and 78.18 ft. radius (long chord: N.40°02'E., 120.89 ft.) to a ~" iron stake at its end, the beginning of a 14°16' curve to the right; and 219.04 ft, along the arc of said curve to the right subtended by a 31°14' central angle and 401.76 ft. radius (long chord: N.OS°01'E., 216.34 ft.) to a ~:" iron stake at its end on the south bank of the Guadalupe River and north line of said i60 acre tract for the most northerly corner of the herein described tract; THENCE, with the said north line of 160 acre tract along the south bank of the Guadalupe River, S.69°22'E., 30.00 ft. to a ;~" iron stake for the most easterly corner of the herein described tract; THENCE, upon, over and across said 160 acre tract: 202.68 ft. along the arc of a 15°25' curve to the left subtended by a 31°14' central angle and 371.76 ft. radius (long chord: S.OS°O1'W., 200,18 ft.) to a ~" iron stake at its end, the beginning of a 52°58' curve to the right; 191.22 ft. along the arc of said curve to the right subtended by a 101°17' central angle and 108.18 ft. radius (long chord: 5.40°02'W., 167,28 ft.) to a ~" iron stake at its end, the beginning of a 06°34' curve to the left; 235.57 ft, along the arc of said curve to the left subtended by a 15°29' central angle and 871.7b ft. radius (long chord: S,82°56'W., 234.86 ft,) to a k" iron stake at its end; 5.75°12'W., 426.27 ft. to a ~" iron stake at a road angle; and S.29°49'W., 59.52 ft. to a point in the said common Line between 176.6 acre and 160 acre tracts; THENCE, upon, over and across said 176.6 acre tract: 5.29°49'W., 771.15 ft. to a ~" iron stake at a road angle; and S.72°48'W., 727.34 ft, to a ~" iron stake in a fence, the said west line of 176.6 acre tract for the southwest corner of the herein described tract; Ti?F,NCE, along said fence with the west line of 176.6 acre tract, N.00°10'W., 31.b8 ft. to the PLACE OF BEGINNING. I hereby certify that these field notes are an accurate description of the property contained therein as determined by a survey made on the ground under my direction and supervision, et:cept no survey was made to reestablish Patent Survey lines or corners; and that all property corners are as stated. Dated this i0th day of October, 1991 Lee C. Voelkel ?egistered Professional Land Surveyor No. 3909 C~~.:;:ty Surveyor for Kerr County __~ ~ . I'Hc~NI '.1l ?`..l :;:?1 i ;.'1:' Ct /1V S1~HEET, KERRVILLE, TEXAS 7$028 ~ EXHIAIT R AGREEMENT As mutual consideration for the foregoing temporary construction easement (detour), Grantor and Grantee agree as follows: Prior to Construction: 1. Erection of a five-foot-high, chain-link fence on both sides of the right-of-way across Grantor's property. 2. Erection of a gate over the driveway to the house located on Grantor's property. 3. Erection of afive-foot-high, chain-link fence from the above- referenced gate to the edge of the high bank of the river. 4. No public travel will be permitted on the right-of-way prior to the erection of the fences and gate. 5. The County Engineer will work with the Grantor on the establishment of a grade, at the problem locations on the east end of the right-of-way, that will be acceptable to both Grantor and Grantee and will be consistent with established design criteria. 6. The County Engineer will contact the Grantor fifteen days prior to actual construction to arrange for a meeting with the Grantor on-site to agree on the establishment of the problem grades. 7. Grantor shall use his best efforts to establish a location at which Grantee may obtain road materials and shall make said materials available for Grantee's use far the construction of the roadway. 8. The County Surveyor or his employee or designee shall, at all times, be authorized to enter upon the property for the establishment of the right-of-way or such other purposes as are related to the establishment and construction of the roadway. The County Surveyor shall make a reasonable effort to contact the foreman, Mr. Steeler, prior to entry. During Construction: 1. Remove all top soil located within the travelled portion of the right-of-way and store it at an agreed location on Grantor's property. 2. Excess gravel around bridge will be cleared to allow more efficient water flow. Duration of the Easement: 1. The duration of the grant of a temporary construction easement shall not exceed ten months from the date that the Lane Valley Bridge is closed. 2. In addition to this ten-month period, Grantee shall have sixty days prior to the date that the bid for the construction of the Lane Valley Bridge is let in which to construct the roadway (detour) across Grantor's property. After Expiration of Easement: 1. Remove all road materials from point A to point B as shown on the attached plat (Exhibit C) and place the materials on the road segment from point C to point D (Exhibit C) in a manner consistent with county road construction standards. 2. Replace existing erosion control terraces. 3. Replace the top soil, previously removed and stockpiled, within the right-of-way. 4. Complete restoration of the right-of-way within thirty days of the expiration of the easement (except for sprigging). 5. Sprigging of coastal bermuda shall be completed no later than February 15, 1993, in accordance with ASCS standards. other: 1. Design and construction of the road shall be in accordance with existing county construction standards and shall be raised in elevation at such locations and to such an extent as necessary to coi:trol drainage and prevent erosion of the road surface during rainy periods including the installation of such culverts as necessary to divert surface water away from or under the road. 2 1:1 ~._ -~"~ j ~` ,+ /~ ~ ~,~' °/ .. 30 fi. WiDE NDW . ` ~~ 4f T v~~ ~`/' ~/ uEtt ~~ ~ ~/ / 1 ~''i" i~ ,~~ c. , .:J• ~,t~/' _ ~ ~~-, -ccaaft / ,~ 1.. ~. ~G . ~ ." JdRR~E ~.y2/. ~,.// 'i / /~ CENiERUNE OfAVE u~ `. -, ~. ~~•~„\, • vq 0. , }66.76' ~ I ((, ) t C,. N.65'01'E• N I ~....~ 2DS.26 ~J ~ i I ~ CENtERt1NE CARVE OAif ~~ 1 t~ ~ a 101't7' ~3 +~ R .93.16' Nt ItNE tURVE DA1A~~~ 4 15'24 g :885.76' t.C.= N.82'Sb'E. 23a.9o' n 1 a ANY PROVISION HEREIN WNICFI RESTRICTS THE SALE, RENTAL ODEUtAELOR OR RACE IS INYAUD AND PERTY BEf~J11USE UNf81FORCEABI.E UNDER FEDERAL LAYw STATE OF TEXAS z CO(J.'V'I'Y OF KERB X I, PATRICIA DYE, County Clerk do hereby certify that the above and foregoing is a true and correct copy of the record Of #6871 TEMPORARY EASEMENT as placed on file .l.n my office on october 23rd, 1991 and of record in~~emse as manifest ~xRa~gBx of the records of KERR County. ~~1ZTNESS MY HAND AND SEAL OF OFFICE this 23rd day of October ~jg 91 (Seal) PATRICIA DYE, County Clerk Kerr County, Texas ,Deputy. Li da Mendoza TEMPORARY EASEMENT STATE OF TEXAS COUNTY OF KERB KNOW ALL MEN BY THESE PRESENTS: That Ruben Ehlers Rt 1 Box 242 Comfort, TX 78013 with property located in the County of Kerr, State of Texas, hereinafter referred to as Grantor, do by these presents Grant, and Convey unto the County of Kerr, a temporary easement for a detour around the Lane Valley Bridge while a new bridge is under construction. In, along, upon and across the following described property in the County of Kerr, State of Texas, and being more particular described as follows, to wit: SEE ATTACHMENTS. This easement shalt expire on the 1s# day of April, 1993. TO HAVE AND TO HOLD unto the said County of Kerr, State of Texas, as aforesaid, for the purpose set forth above, the premises herein described. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this ____~ day of , 1991. " ~ ~~~ ~ ~~ W. G. Stacy, County Judge Ruben Ehlers SINGLE ACKNOWLEDGMENT THE STATE OF TEXA County of Q~ Before me,~ on this day personally known to me (or proved to me on the oath of a credible witness) to be the person whose name subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the Q~ day of _ 19~ Notary Public in and fir C~un a notary public in and for said County and State, ~•`'~~ ~, pORQTHY L. KOCH t * NoUry Public STATE OF7i7(AS yi? N ~4' Ilry Comm. Esp. FeD. 7,1995 TEMPORARY EASEMENT STATE OF TEXAS GOUNTY OF KERB KNOW ALL MEN BY THESE PRESENTS: That Jean Ehlers Kunz Star Rt. Box 571-L Kerrville, TX 78028 with property located in the County of Kerr, State of Texas, hereinafter referred to as Grantor, do by these presents Grant, and Convey unto the County of Kerr, a temporary easement for a detour around the Lane Valley Bridge while a new bridge is under construction. In, along, upon and across the following described property in the County of Kerr, State of Texas, and being more particular described as follows, to wit: SEE ATTACHMENTS. This easement shall expire on the 1st day of April, 1993. TO HAVE AND TO HOLD unto the said County of Kerr, State of Texas, as aforesaid for the purpose set forth above, the premises herein described. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this day of , 1991. ~~~~~~ 7 W. G. Sta y, ounty udge Je hlers Kunz Accepted with changes as discussed with and appended by Mr. Franklin Johnston, ept. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of Kerr Before me, Wanda Henderson , a notary public in and for said County and State, on this day personally appeared Jean Ehlers Kunz _ ,known to me (or proved to me on the oath of a credible witness) to be the person whose name subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the 6th day f septemberl9 g Notary Public in and for KERB County ~ WANDA NENDER50N o NOTARY PUBl1[ '' STATE OF TEXAS ~ ~ Cammifsion Expires.l.5A2 TEMPORARY EASEMENT STATE OF TEXAS COUNTY OF KERB KNOW ALL MEN BY THESE PRESENTS: That M.W. Delmer, M.D. 700 E. Olmos San Antonio, TX 78212 with property located in the County of Kerr, State of Texas, hereinafter referred to as Grantor, do by these presents Grant, and Convey unto the County of Kerr, a temporary easement for a detour around the Lane Valley Bridge while a new bridge is under construction. In, along, upon and across the following described property in the County of Kerr, State of Texas, and being more particular described as follows, to wit: SEE ATTACHMENTS. This easement shall expire on the 1st day of April, 1993. NOTE: The Deed for Right Of Way to the Comfort Independent School District Building shall be a separate document. TO HAVE AND TO HOLD unto the said County of Kerr, State of Texas, as aforesaid, for the purpose set forth above, the premises herein described. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this a7 day of , 1991. ~ W. G. Stacy, County J dge M. W. Delmer,M.D. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS COUnty Of Bexar Before me, Martha Gerber , a notary public in and for said County and State, on this day personally appeared M. w. Delmer, M.D, known to me (or proved to me on the oath of a credible witness) to be the person whose name subscribed to the foregoing instrument and acknowledged to me that _he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the 6th day of e e e 19~_ ~~ Notary Public in and for Bexar County N~~w~„ ;g~,~•~rw MARTHA GERBE •:~,~,E MV COMMISSION EXPIRES -`• ~^~, Ju1y 20, 1994 ° ~,`~'",